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Supreme Court of India

GST: Detention: Quashing of SCN at Initial Stage by HC – Declared as Pre-Mature by SC

January 25, 2023 2280 Views 0 comment Print

It is held that HC has erred in entertaining the writ petition against the SCN and quashing of notice is pre-mature and the merits of the case have to be considered by the original authority in an appropriate proceeding.

No Service Tax on activity of digital offset and offset printing: SC

January 23, 2023 2703 Views 1 comment Print

SC held that the activity of digital offset and offset printing amounts to manufacture and same is classifiable under heading chapter 4911 of Central Excise Tariff.

Cheque Bounce case: Adjudication in civil matters is based on preponderance of probabilities

January 23, 2023 3825 Views 0 comment Print

Adjudication in civil matters is based on preponderance of probabilities whereas adjudication in criminal cases is based on the principle that the accused is presumed to be innocent and the guilt of the accused should be proved to the hilt and the proof should be beyond all reasonable doubt.

Interest on late filing of return u/s 158BC is mandatory leviable on persons other than searched persons

January 18, 2023 687 Views 0 comment Print

Supreme Court held that persons other than searched persons shall be liable to pay the interest on late filing of the return under Section 158BC even in absence of a notice under Section 158BC of the Income Tax Act.

SC order whether ADP can be said to be portable or not so as to attract a particular entry for levy of customs duty

January 18, 2023 1071 Views 0 comment Print

An interesting question arose in this case where the Appellant and Lenovo contended that the ADP imported by it was classifiable under the entry 84715000 as against the department’s classification under the entry 84713010 since they could not be said to be portable.

Deviation from Tenders or Public Auctions while granting of Contracts should not be contrary to Article 14: SC

January 16, 2023 2400 Views 0 comment Print

The Hon’ble Supreme Court observed that while government can deviate from the route of tenders or public auctions for the grant of contracts, the deviation must not be discriminatory or arbitrary. The deviation from the tender route has to be justified and such a justification must comply with the requirements of Article 14.

HC can entertain Writ Petition to Examine if Conditions to issue Section 148 Notice are Satisfied: SC

January 15, 2023 2565 Views 0 comment Print

Red Chilli International Sales Vs ITO (Supreme Court of India) We with the petitioner that the impugned judgment rejecting the writ petition on the ground of alternative remedy does not take into consideration several judgments of this Court, on the jurisdiction of High Court, as writ petitions have been entertained to be examined whether the […]

‘Old Indian Settlers’ cannot be excluded From Definition of Sikkimese In Section 10(26AAA) of Income Tax Act: SC

January 14, 2023 1905 Views 0 comment Print

SC ruling on Whether settled Indian citizens in Sikkim before it became an Indian State w.e.f 26-04-1975 are eligible for exemption u/s 10(26AAA) of Income-tax Act,1961

Special road tax is Regulatory tax and not penalty: SC

January 14, 2023 5895 Views 0 comment Print

Whether special road tax charged by State of Himachal Pradesh for motor vehicles violating rules is in the nature of penalty and thus against competence of State under Constitution of India?

Interest on non-operational sticky loans not taxable until actual realization

January 12, 2023 1881 Views 0 comment Print

UCO Bank Vs CIT (Supreme Court of India) We have to consider whether interest on a loan whose recovery is doubtful and which has not been recovered by the assessee-bank for the last three years but has been kept in a suspense account and has not been brought to the profit and loss account of […]

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